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cain, lindsey graham, they are suggesting. >> that could take him out of the american criminal justice system and put him into some other kind of system. it's not quite clear. a military tribunal, perhaps being sent to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of
by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation of him and designating him as an enemy combatant in the meantime. all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and
countries -- cases in this country. today senator lindsey graham urged the white house to reconsider its decision. >> i'm asking this administration to leave on the table the option if the effort warrants to designate this individual as an enemy combatant. the ability to have access to this suspect without a lawyer present together intelligence about a future attack is absolutely essential to our national security. >> democratic congressman adam shift, a member of the house intelligence committee is "outfront" and he is also a former federal prosecutor. we now that dzhokhar, suspect number two, has been read his miranda rights. sow won't be designated as an enemy combatant. but if he was labelled an enemy combatant, he wouldn't have been entitled to a lawyer and a jury trial. they could have asked him a lot of other questions without a lawyer present that may or may not be relevant to national security. now why did they make this decision not to go for enemy combatant status? do they think they have so much evidence in this case that they can go ahead with the civilian jury trial and the
's some talk in washington, senator lindsey graham among others, saying that he should be treated as an enemy combatant, at least for a time, to get as much information as they can during the investigation. what's your feeling on that? >> well, i think, first of all, you need the right facts in order to be able to charge that. the federal government is still determining what was the motive of these two young men. are they connected to anybody else? until they do that work, until we finish this investigation, that question may even be premature, unless you have a basis for it. i do think that the federal government has had a good track record in civil cases here, understanding what forum people should be in in order to get the best information. but i think we have to be confident. i am, having worked with them this week, is that they're focused on getting information they need to bring the appropriate charges. they can always be updated. and i think that they will make the right decision based upon what they know about this investigation. >> we heard from the boston police commissi
, or was this a conspiracy. that's where our focus is right now. >> i want to play for you what republican senator lindsey graham said after the white house announced earlier in the day that the survivining suspec the 19-year-old, would not be questioned as an enemy combat t combatant. listen to this. >> i'm asking this administration to leave on the table the option, if the evidence warrants, to designate this individual as an enemy combatant. what do we know? we know that these two individuals embrace radical islamist thought, that there's ample evidence this was an attack inspired by radical ideology, they were not trying to rob a bank in boston. >> what do you think about that, congressman? >> well, fifrst thing, i respec the senator's point of view, but i disagree. number one, you have to look at the legal aspect of this. when that provision that you don't have to give miranda rights is used, that -- you have to show a connection to al qaeda. in this situation, we at this point have no connection to al qaeda whatsoever. so the other issue is, this is an american citizen. when you have an american ci
Search Results 0 to 4 of about 5

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